The new guidelines - proposed by Don Kates, and now
being reviewed by Boeckman and Chief Williams - should be in place
by around the middle of July.
How I (and 4 Million Friends) Successfully Fought City Hall
A couple of years ago I tried to start a gun-rights organization
called CESA, the Committee to Enforce the Second
Amendment. It never grew very large because I soon found out that
NRA and other organizations were starting to get into
the very areas I wanted to focus on with a lot more vigor (particularly
after the LA riots); but I started getting in touch with major
gun rights theorists and activists regularly at that point.
I was particularly interested in the CCW (concealed-carry
weapons) license issue, because California law says
you can't carry a loaded gun without one, and it was almost impossible
to get. (I stress "almost"; I found the way into one
soon enough - but I had to move to do it.)
I called Don Kates, who's a well-known criminologist,
professor of constitutional law, and a constitutional
lawyer himself, and told him about the Board Policy of the Los
Angeles Board of Police Commissioners, which, in essence, said
that even though California Penal Code 12050 required them to
consider issuing CCW licenses to county
residents of good moral character who could show good cause for
carrying a firearm, they didn't believe there were any
good causes so they were going to make it as difficult as
possible. They implemented this policy by denying all license
applications for 19 years.
When I read that policy to Don and asked if it could be successfully
overturned in court, he said, "Yes, but -" The "but"
was the necessity of finding plaintiffs and getting money
to pursue the lawsuit. I gave him a list of plaintiffs. He called
Alan Gottlieb of the Second Amendment Foundation,
expressed his opinion that he could overturn the policy, and Alan
agreed to write the checks.
Here's how I described it in the press release I wrote:
Reversing an apparent national trend of ever-increasing firearms
restrictions on private citizens, the Los Angeles Police Department
has resumed issuing licenses to carry concealed
weapons to private citizens for the first time since 1974.
The 4-0 vote to return issuing authority to Police Chief Willie
Williams, approved June 29, 1993 as one of the final acts
by the Mayor-Bradley-appointed Los Angeles Board of Police Commissioners,
was instituted in response to a lawsuit filed by the Second
Amendment Foundation and the Congress of Racial Equality, and
later joined by the National Rifle Association, on behalf
of individuals who had unlawfully been denied such licenses
by the police commission's policy.
Security Consultant D. Ray Hickman, one of the plaintiffs in this
suit and a similar federal lawsuit, will be receiving his license
at the Gun Detail office at LAPD's Parker Center at 1:00
PM on Tuesday, September 7, 1993. Ironically, because the LAPD's
Gun Detail did not have the equipment necessary to physically
produce the licenses, plaintiffs in the lawsuit
dug into their own pockets and donated a typewriter, a Polaroid
camera, and a laminating machine to LAPD.
California Penal Code Section 12050 requires a city's chief of
police to issue CCW licenses to county
residents of good moral character who can show good cause. The
state's legislatively-mandated licensing procedure specifies
a two-page application form, requires a fingerprint background
check with both the state Department of Justice and the FBI, lists
the firearms to be carried on the license,
and requires the licensee to show proficiency
with the weapon carried.
The California Department of Justice is unaware of any cases where
a person issued a California CCW license
has used it for criminal activities.
The "good cause" requirement for obtaining a CCW
license includes both business reasons such as risk
because of one's profession or providing protection
services to others, and personal reasons, such as threats to one's
self or family. The requirement that chiefs of police issue CCW
licenses to qualified individuals is enactment
of Article 1, Section 1 of the California Constitution,
which states, "All people are by nature free and independent,
and have certain inalienable rights, among which are those of
enjoying and defending life and liberty; acquiring, possessing,
and protecting property; and pursuing and obtaining safety, happiness,
and privacy."
Contrary to popular opinion, neither state nor local government
has any legal requirement to provide crime protection
to a threatened individual, and no government entity or employee
has any liability for failure to do so. (California Government
Code Sections 845, 845.2, 845.8, and 846). Government entities
and employees are also shielded from liability for issuing CCW
licenses (California Government Code 818.4 and 821.2).
A quarter of the gun owners polled by the Los Angeles
Times just before the April, 1992 riots admitted to carrying
illegally on occasion.
If Police Chief Willie Williams issues CCW licenses
in Los Angeles at a rate proportionate to the rate he issued them
as Police Chief of Philadelphia - where he signed around 4000
CCW licenses - then Los Angeles should
see approximately 10,000 licenses issued in the
next few years.
Because of my involvement in this issue from the beginning, and
several LA Times Op-Ed pieces I'd written demonstrating
the usefulness of civilians carrying firearms by saving large
groups of people, I got tapped to run the press conference in
front of Parker Center at 1:00 PM on Tuesday, September 7, 1993.
It turned out to be a media circus, with five TV
crews, representatives from all the major radio stations in town,
and the major Southern California newspapers. I had other people
to shove in front of the TV cameras - Dan Gifford, a
former ABC News and McNeill/Lehrer newsman who had got the first
LAPD-issued CCW after Chief Williams, Elodie McKee,
an actress and gun-rights activist, and Ray Hickman (referenced
above), but I ended up being the person whom the radio and print
media wanted to talk to, because Dan and Elodie were in front
of the TV cameras, and Ray was upstairs at Parker Center
getting his license.
So I got quoted a lot.
I had also just done an hour on Michael Jackson's talk show on
KABC radio that morning, so it was a pretty busy day. I got the
call from Jackson's producer at 9, was in studio an hour later,
then after the show rushed home to field press inquiries
and fax out more releases while I was trying to get into my suit
to get downtown to Parker Center for the conference.
All in all, it's been a great victory for the gun-rights cause
because we finally got some coverage of our point of view.
My phone has been ringing constantly with inquiries by people
who have good cause for carrying firearms and want to do
whatever they can do to help. Three new local-area attorneys have
signed into the cause - two from Beverly Hills. Yay!
I'll be working with a watchdog committee to track whether LAPD
stays in compliance with the settlement terms. If they don't,
the lawsuit will move forward in around six months or a year.
But there's so much new pressure on them, I doubt they'll be effective
at offering resistance, and they should be issuing a lot
of licenses over the next few years.
Update, February, 1994: As of this writing, I am hearing reports
that very few licenses have been issued; that the
Los Angeles Police Department's Gun Detail telephone is busy all
the time; and that applications are backed up at least six months
without a response. I don't yet know if this is bureaucratic business-as-usual,
or active resistance to issuing licenses from Chief
Willie Williams's office. Either way, it seems that the City
of Los Angeles is not in compliance with the terms of the settlement
agreement, and further legal pressure will need to be brought
to bear. - JNS
[Update for this edition: The City of Los Angeles is now under a court-enforced consent
decree, and all rejected applications are now reviewed by a citizen's review board. It's still
a discretionary process to get a license to carry from the City of Los Angeles, but it's at least
a process in which some deserving individuals can manage to get one, if they take the time and
effort to apply properly, with a well-thought-out reason for carrying. Meanwhile, the California
Assembly has passed AB 638 -- which would change California law to make issuance of
licenses non-discretionary for qualified applicants -- and the bill is under consideration in the
California state senate as of this writing. Whether it will pass or not is uncertain. - JNS, 1996]
The Thrill of My Life
Sunday, September 12, 1993
You know, being a writer is a lonely life. You work isolated at
home, send out your work, and then, mostly, what you hear back
is silence.
So when the value of one's work is recognized by the World Out
There, it's a very big deal, and you note it down in the balance
ledger of whether it's worthwhile to keep going or not.
I just had the thrill of my life. I was in front of my TV
set, just about to go downstairs and remove my clothes from the
dryer, when a commentary by KCBS Los Angeles anchorman Michael
Tuck caught my eye.
Tuck started out by postulating a scenario in which other high
school students would have been armed when one was shot and killed
by a gang member a few days ago. He ranted, and raved, and foamed
at the mouth against the "gun nuts" who would have armed
the rest of the students, who would then have all pulled out their
guns simultaneously, firing wildly in a cacophony not heard
since Woodstock.
Mr. Tuck then talked about the lawsuit which I helped instigate,
against the Los Angeles Police Department, which resulted in the
LAPD once again obeying California law in its requirement that
county residents of good moral character who can show good cause
shall be issued licenses to carry concealed weapons.
He ranted and raved, tossing around the phrase "gun nut"
twice per sentence, then quoted me from Scott Harris's column
in the September 6, 1993 Los Angeles Times - identifying
me as a "ringleader" of those who filed the law
suit - in which I stated, "It is a fundamental error in society
to expect an elite group of professionals to provide public safety.
In my view, public safety is everybody's job."
Then he called me a "gun nut" again, along with all
the other gun nuts who think innocent people should be better
armed than the criminals.
Wow.
I've had some thrills in my life, but this was the best.
It was thrilling when Anthony Burgess and Nobel laureate Milton
Friedman lent their endorsements to my first novel.
It was thrilling when Robert Heinlein told me he
laughed his ass off at the satirical parts of my second novel.
It was thrilling on two occasions when I twice received the Prometheus
Award for my novels.
It was thrilling when the producer who gave Rod Serling his first
job in television told me my 1985 Twilight Zone episode,
"Profile in Silver," was in his opinion the only
one which would have fit into the original show.
But to be called a ringleader of gun nuts by a news reader on
a Sunday evening local broadcast, that has got to be the best.
Thank you, Michael Tuck. You made my day.